Riverkeeper backs state Sen. Terry Gipson’s bill to ban fracking fluid on roads in New York state

Officials with the environmental group Riverkeeper say the state Department of Environmental Conservation has approved the use of fracking waste fluid as a deicing agent on highways in 13 western New York municipalities and want state lawmakers to stop the practice.

The group issued a report this week on the use of the fluids from low-volume hydraulic fracturing natural gas wells, and lauded legislation proposed by state Sen. Terry Gipson, D-Rhinebeck, to prohibit its use on roads statewide.

Riverkeeper says the state has approved the use of fracking waste fluids for deicing, dust control and road stabilization, even though studies have not been conducted to determine whether there are harmful impacts.

“Is the regulatory agency that is giving out these approvals looking at what the potential problems are, either before or after they give out these approvals?” Riverkeeper attorney Kate Hudson asked. “So far we haven’t been able to determine that is happening, which is consistent with DEC being as understaffed and under-resourced as it is.”

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Its report says the “extraction of natural gas using fracking produces large amounts of liquid and solid waste than can contain ... chemical additives, which may include ethylene glycol, naphthalene, and sulfuric acid; metals; organic compounds and other contaminants. Fracking waste from extraction activities in the Marcellus Shale can also contain naturally-occurring radioactive materials such as radium-226 and radium-228.”

Riverkeeper staff scientist Bill Wegner said highway departments use the fluid, called brine, because it is less expensive than traditional rock salt and easier to spread over roads.

State law currently permits low-volume vertical hydraulic fracturing involving thousands of gallons of fluid; standards are still being evaluated by state officials for high-volume fracking involving horizontal drilling and millions of gallons of fluid.

“There are two main kinds of fracking wastewater,” Riverkeeper attorney Misti Duvall said. Flowback fluid, which mostly contains chemicals that are put down a well during the fracturing process and comes back up, is not allowed to be used on roads, but production brine, which is fluid that comes up with the gas during production, is.

Duvall said the 13 municipalities are in four counties near the highest concentration of natural gas and oil wells in the state. “It’s fairly close by and cheaper to transport,” she said.

Hudson said there is concern that material being used for road deicing may also be coming in from Pennsylvania, where high-volume drilling is permitted and companies need to find disposal locations for the waste product.

State Department of Environmental Conservation officials were not immediately available for comment Thursday.